By Staff Writer
Zimbabwe Cabinet this week gave a greenlight to the Criminal Law (Codification and Reform) Amendment Bill that will criminalise sexual activity with a child below the age of 18 on the back of efforts to bring clarity to hotly contested issues of sexual consent age.
While the Constitution defines children as those below the age of 18, the Criminal Law (Codification and Reform) Act defines a young person as one who is below 16 years thereby creating a gap in the law which would possibly expose children above 16 to sexual exploitation.
Raising the age from 16 to 18 years is also part of Government’s alignment with the Constitution which defines a child as someone aged 18 years and below.
This was said by Information, Publicity and Broadcasting Services Minister, Dr Jenfan Muswere, while delivering a post-Cabinet briefing yesterday.
He said the Bill, which was presented by Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi seeks to address the rights of children as enunciated by the Constitution.
“The nation is informed that Section 81 of the Constitution of Zimbabwe addresses the unique needs and the best interests of children in addition to rights and freedoms afforded to all citizens in the Bill of Rights,” said Dr Muswere.
Section 81(1) of the Constitution defines a child as every boy or girl under the age of 18 and further provides for freedom and protection of children from all forms of sexual exploitation,” said Dr Muswere.
Section 61 of the Criminal Law Codification Reform Act, under Part 111 of Chapter V (Sexual Crimes and Crimes Against Morality) defines a young person as a boy or girl under the age of 16.
Dr Muswere said the implications of Section 61 of the Criminal Law (Codification Reform) Act are that it creates a category of children, those between 16 and 18 years of age, in relation to sexual offences who do not enjoy the same protection as afforded to all children as intended by Section 81 of the Constitution that defines every boy or girl below the age of 18 as a child.
He said the proposed Bill will incorporate the constitutional definitions of a child and provisions on marriage.
“The amendment proposes that provisions be incorporated in the Act, which define the close in age gap between minors and/or an adolescent to avoid criminalising consenting minors or a minor and an adolescent whose age range cannot be considered predatory or exploitative.
“Consultations conducted recommended three years age difference for this purpose,” said Dr Muswere.
There will be a clause that removes discretional powers of a social worker of recommending the prosecution of one of the minors who have consensual sexual activity.
